回复：lawsuit against USCIS(sample cases & steps to file a lawsu

(转载)in L.A.:
5/11/04 - PD for N-400;
6/8/04 - FBI received name check request from USCIS;
9/20/04 - FP taken;
11/29/04 - interview passed, but NC pending;
March-May 2005 - numerous inquiries by me to local USCIS: all unanswered;
June 2005 - asked for help sen.Feinstein: bullshit in response;
July 2005 - asked for help local congr.rep, good effort from them but no
result;
August 2005 - "warning" letter to local USCIS director: bullshit received in
response 3 months later;
December 2005 - found Publicus's heroic experience thread;
January 2006 - drafted the petition;
2/6/06 - 60 days started;
2/9/06 - invitation for 2nd FP on 2/22/06;
3/6/06 - started to place calls to AUSA;
3/7/06 - name check cleared (or AUSA learned about it on this date - unknown
who initiated the "expedite");
3/17/06 - AUSA finally called back insisting on dismissal and claiming being "
not familiar" with the recommended by AILA "petition to ask the court to hold
in abeyance". Trusting AILA more than AUSA, I asked for any kind of assurance
the USCIS will process my case timely after I dismiss. She said she'd check
with them. My follow up calls week after that didn't yield any result. I didn'
t want to do them a favor by dismissing my case and getting nothing in return.
My references to AUSA/USCIS practice in San Francisco District when special
language is added and oath invitation is faxed to plaintiff were totally
ignored.
So, I started to wait until the end of 60 days, so that I could file a motion
for default judgement. Researching how to do it, learned that there is no such
thing when US Govt is defendant.
4/6/06 (59th day) - AUSA called at 4pm trying to intimidate me into dismissal
again but still offering no guarantees of the USCIS action upon my dismissal.
From a quite disgusting conversation with her I learned she never actually
discussed that with the USCIS (she was too lazy for it). I said I could wait
until 60th day noon for her to finally talk to USCIS about promises, but her
response was: "Oh, no! I take tomorrow off to play with my daughter!"
4/7/06 - AUSA substitute filed Motion for Remand scheduling hearing for it for
5/1/06 suggesting no timely processing of any kind;
4/17/06 - I filed Opposition to their Motion asking the Judge to deny
Defendants' Motion, since the risk is great they would abandon my N400 again.
4/27/06 - Judge took the case "into submission" = no need to appear on 5/1/06;
5/1/06 - Modified by Judge Motion for Remand is granted to "process [my N400]
as expeditiously as possible...not later than 6/30/06";
5/8/06 - not knowing if USCIS received court order, I mailed a copy of it to
local District Director;
5/10/06 - local congressional rep. reappeared to ask me how it's going: told
her about the court order & baby due in 4 weeks. She immediately started to
apply the pressure on the USCIS congr. liaison unit.
5/16/06 - USCIS scheduled me for 5/19/06 ceremony;
5/19/06 - citizen I am!

Points:
- if there is no family emergency, please do not dismiss your cases! By
dismissing it, you are doing the USCIS a favor which they don't deserve.
Especially, when they refuse to give you the assurance of timely processing.
They (and AUSA) get obnoxious when "everyone dismisses" and don't really apply
themselves to resolve the case. Judges also need to know what outrage is
there created for so many innocent folks, and hopefully, they will be more
harsh to the Govt in the future: it should never come to us filing lawsuits
just to make Govt do their job!
- congr. rep may come handy when you do need to dismiss but AUSA fails to
modify the dismissal language and/or make sure otherwise your case is resolved
satisfactory.

BTW, I have a feeling that lazy ignorant AUSA I had to deal with has not yet
provided the USCIS with a copy of Judge's order. Even though she knew I was
pregnant and due soon...

So, guys, don't be afraid and stand up for your rights! As the naturalization
judge said today: "If you don't like something what Govt does - speak up!"